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AGREEMENT
FOR CONTRACT SERVICES FOR
CITY OF CORONADO
AS-NEED HAZARDOUS WASTE MANAGEMENT AND EMERGENCY
RESPONSE SERVICES
CONTRACT NO. 25-GS-PSE-0905
THIS AGREEMENT FOR CONTRACT SERVICES ("AGREEMENT") is made and entered by and between the CITY OF CORONADO, a California municipal corporation, hereinafter referred to as "CITY," and CLEAN HARBORS ENVIRONMENTAL SERVICES, INC., a Massachusetts corporation with its California offices located at 2500 East Victoria Street, Compton, California, hereinafter referred to as "CONTRACTOR."
RECITALS
The CITY requires the services of an outside independent contractor, with a state license, to provide all labor, materials and supervision required to provide As-Needed Hazardous Waste Management and Emergency Response Services throughout the City of Coronado. These required services are described in detail in ATTACHMENT A: Scope of Services.
On June 20, 2024, the City sent out a Request for Proposals for this Agreement in accordance with Chapter 8.04.060 of the Coronado Municipal Code ("CMC") and the Public Contract Code. The City received 4 responsive proposals. CONTRACTOR was selected as a qualified proposer. On January 21, 2025, the City Council for the CITY approved this AGREEMENT and authorized the City Manager or City Manager's Designee to execute the form of this Agreement.
CONTRACTOR warrants and represents itself as possessing the necessary experience, skills and qualifications to provide the services required by CITY and to ensure that all work is performed in a professional manner and the final product is of a high quality.
CONTRACTOR warrants and represents that it has the necessary staff to deliver the services within the time frame herein specified and is fully qualified to perform those services within the specified time frame in accordance with the highest standards of CONTRACTOR'S profession.
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The Director of Public Services & Engineering shall serve as CITY'S "Contract Officer" for this AGREEMENT and has the authority to direct the CONTRACTOR, approve actions, request changes, and approve additional services. Any obligation of the CITY shall be the responsibility of the Contract Officer.
The Management Analyst of Public Services & Engineering shall serve as CITY'S "Project Coordinator" for this AGREEMENT.
NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CITY and CONTRACTOR (individually "Party" and collectively "Parties") agree as follows:
1.0 TERMS OF AGREEMENT
1.1 This AGREEMENT shall be effective on and from the day, month and year of the execution of this document by the Parties. This AGREEMENT shall be in effect for a term of five (5) years beginning on the AGREEMENT execution date, during which time the CONTRACTOR shall commence and complete all of the services required pursuant to this AGREEMENT on an as-needed, on-call basis pursuant to Section 1.3 herein.
1.2 This AGREEMENT is a firm, fixed-price contract for all labor and materials including, but not limited to, necessary to respond to emergency situations or release incidents involving hazardous materials. All tasks to be performed are to be completed, or this AGREEMENT is otherwise terminated. Prices shall remain firm upon execution of this AGREEMENT. The AGREEMENT shall not exceed five hundred thousand dollars ($500,000) during any single Fiscal year during the term of the contract.
1.3 CONTRACTOR shall commence work under this AGREEMENT within the time period specified in Section 1.1. Time is of the essence in the performance of all obligations under this AGREEMENT, and all timing requirements shall be strictly adhered to unless otherwise modified in writing by the CITY. Failure to meet the schedule contained in this AGREEMENT is a default by the CONTRACTOR.
1.4 CONTRACTOR shall, without additional compensation, correct or revise any services performed pursuant to this AGREEMENT that do not meet the specifications and/or professional standards required of the CONTRACTOR.
2.0 SCOPE OF SERVICES (ATTACHMENT A)
2.1 CONTRACTOR shall provide CITY with the services and documents described in ATTACHMENT A, which is attached hereto and incorporated herein by this reference as though fully set forth at length and is hereinafter referred to as the "SERVICES."
2.2 The general manner in which the CONTRACTOR shall render the SERVICES is set forth in ATTACHMENT A. While CITY is, in general, concerned with the manner in which the SERVICES are rendered, under this AGREEMENT, as represented by CONTRACTOR, it is not 2021 Standard Service Agreement Template (ACA approved 7-21-21) SD #4816-1915-4163 v1
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concerned with, nor shall it direct, the specific means and methods of operations on the part of CONTRACTOR in the performance of its SERVICES under this AGREEMENT.
CONTRACTOR shall provide all labor, materials, equipment, tools and services required by and shall perform all work described in this AGREEMENT.
2.3 CONTRACTOR is aware the services provided under this AGREEMENT are on an as- needed basıs as determined by the CITY. CONTRACTOR may or may not receive the maximum expenditure of funds allocated for these services.
2.4 CONTRACTOR shall furnish all technical and professional labor, and materials to satisfactorily comply with Attachment A: Scope of Services as requested by the City.
3.0 FEE SCHEDULE/GENERAL INFORMATION (ATTACHMENTS B AND E)
3.1 CONTRACTOR is hired to render the SERVICES and any payments made to CONTRACTOR are compensation, fully, for such services.
3.2 Payment to CONTRACTOR to render the SERVICES is set forth in ATTACHMENT B, which is attached hereto and incorporated herein by this reference as though fully set forth at length.
3.3 CONTRACTOR shall comply with all applicable Federal, State and local laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by CONTRACTOR or any subcontractor hereunder.
3.4 CONTRACTOR acknowledges that this is a public works contract. CONTRACTOR represents and warrants that it is familiar with the requirements of the California Labor Code and agrees to comply at all times with relevant statutes and regulations, including, but not limited to, the fact that CONTRACTOR must pay not less than prevailing wage rates as determined by the Director of Industrial Relations for all work done under this AGREEMENT. State of California prevailing wage rates can be found on the internet at
http://www.dir.ca.gov/DLSR/PWD/Statewide.html. CONTRACTOR is responsible for determining the correct title for job classifications and determining the appropriate wage rate.
CONTRACTOR agrees to perform this AGREEMENT in accordance with ATTACHMENT E and all the obligations set forth therein.
3.5 The CITY makes no guarantee as to the quantity of work to be issued during the term of this AGREEMENT, nor should any minimum amount of fees be assumed by the CONTRACTOR for as-needed emergency response services.
4.0 CHANGES TO SCOPE OF WORK
CONTRACTOR shall not perform work in excess of the SERVICES without the prior written approval of the Contract Officer. All requests for extra work shall be by written change order submitted to the Contract Officer prior to the commencement of such work. 2021 Standard Service Agreement Template (ACA approved 7-21-21) SD #4816-1915-4163 v1
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5.0 SUBCONTRACTING
5.1 The name location of the place of business and DIR registration numbers of each subcontractor who CONTRACTOR will use to perform work or render service to the CONTRACTOR in performing this AGREEMENT is contained in ATTACHMENT C, which is attached hereto and incorporated herein by this reference as though fully set forth at length. No change to or addition of any subcontractor shall be made without the prior written approval of the CITY.
5.2 If CONTRACTOR subcontracts for any of the work to be performed under this AGREEMENT, CONTRACTOR shall be as fully responsible to the CITY for the acts and omissions of CONTRACTOR's subcontractors and for the persons either directly or indirectly employed by its subcontractors, as CONTRACTOR is for the acts and omissions of persons directly employed by CONTRACTOR. Nothing contained in this AGREEMENT shall create any contractual relationship between any subcontractor of CONTRACTOR and the CITY. In any dispute between the CONTRACTOR and its subcontractor, the CITY shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The CONTRACTOR agrees to defend and indemnify the CITY as described in Section 13 of this AGREEMENT should the CITY be made a party to any judicial or administrative proceeding.
5.3 CONTRACTOR shall bind every subcontractor to all the terms of this AGREEMENT applicable to CONTRACTOR's work unless specifically noted to the contrary in the subcontract in question and approved in writing in advance by the Contract Officer. All contracts entered into between the CONTRACTOR and its subcontractors) shall also provide that each subcontractor shall obtain insurance policies that shall be kept in full force and effect during any and all work on this project and for the duration of this AGREEMENT. The CONTRACTOR shall require every subcontractor to obtain all policies described in Section 14 in the same amounts required by the CITY.
6.0 ENTIRE AGREEMENT
6.1 This AGREEMENT and the incorporated attachments set forth the entire understanding of the Parties with respect to the subject matters herein. If there are any inconsistencies between the incorporated attachments and this AGREEMENT, the terms of this AGREEMENT control. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein. No change, alteration, or modification of the terms or conditions of this AGREEMENT, and no verbal understanding of the Parties, their officers, officials, agents, representatives, contractors, subcontractors or employees shall be valid unless agreed to in writing by both Parties.
7.0 TERMINATION OF AGREEMENT
In the event of CONTRACTOR'S failure to prosecute, deliver, or perform the SERVICES, CITY may terminate this AGREEMENT immediately by notifying CONTRACTOR by certified mail of said termination. Thereupon, CONTRACTOR shall cease work and, within two (2) working days, place all work in progress in a safe and protected condition. The City Manager of 2021 Standard Service Agreement Template (ACA approved 7-21-21) SD #4816-1915-4163 v1
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CITY shall make a determination of the percentage of work that CONTRACTOR performed that is usable and of worth to CITY. Based upon that finding, CITY shall determine any final payment due to CONTRACTOR.
7.2 This AGREEMENT may be terminated by the CITY, without cause, upon the giving of fifteen (15) days' written notice to the CONTRACTOR. Prior to the fifteenth (15th) day following the giving of the notice, the CONTRACTOR shall assemble the completed work product to date, and put the same in order for proper filing and closing, and deliver said product to the CITY. The CONTRACTOR shall be entitled to just and equitable compensation for any satisfactory work completed. The CONTRACT OFFICER and CONTRACTOR shall endeavor to agree upon a percentage complete of the contracted work if fees are fixed, or an agreed dollar sum based on services performed if hourly, and terms of payment for services and reimbursable expenses.
CONTRACTOR hereby expressly waives any and all claims for damages or compensation arising under this AGREEMENT except as set forth herein.
8.0 LIQUIDATED DAMAGES/FORCE MAJEURE
8.1 If CONTRACTOR fails to complete the work under this AGREEMENT within the CONTRACT TIME, CONTRACTOR shall pay to the CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Dollars ($200) for each calendar day after the expiration of the CONTRACT TIME. The CITY and CONTRACTOR agree that in the event the work is not completed within the CONTRACT TIME, the City's damages would be extremely difficult or impracticable to determine and, therefore, the CITY and CONTRACTOR agree that the amount stated herein is a reasonable estimate of the amount of such damages. The CITY may deduct any liquidated damages owed to the CITY, as determined by the CITY, from any payments otherwise payable to CONTRACTOR under this AGREEMENT. Nothing herein shall limit the CITY's rights or remedies against CONTRACTOR for any default other than failure to complete the work within the CONTRACT TIME. This provision for liquidated damages shall not be applicable nor act as a limitation upon the CITY if CONTRACTOR abandons the work. In such event, CONTRACTOR shall be liable for all losses incurred.
8.2 CONTRACTOR shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the CONTRACT TIME caused by any act of God, war, civil disorder, labor dispute or other irresistible cause beyond CONTRACTOR's reasonable control, provided that the CONTRACTOR delivers written notice to CITY of the cause of the delay within two (2) calendar days of the start of the delay, and CONTRACTOR resumes work immediately upon removal of the stated cause of the delay.
9.0 COVENANT AGAINST CONTINGENT FEES
9.1 CONTRACTOR represents and warrants that it has not employed or retained any company or person, other than a bona fide employee working for CONTRACTOR, to solicit or secure this AGREEMENT, and that CONTRACTOR has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this AGREEMENT. For breach or violation of this representation and warranty, CITY shall have the right to terminate this 2021 Standard Service Agreement Template (ACA approved 7-21-21) SD #4816-1915-4163 v1
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AGREEMENT without liability or, at CITY'S sole discretion, to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
10.0 STATUS OF CONTRACTOR
10.1 CONTRACTOR shall perform the SERVICES in a manner of CONTRACTOR'S own choice, as an independent CONTRACTOR and in pursuit of CONTRACTOR'S independent calling, and not as an employee of CITY. CONTRACTOR shall be under control of CITY only as to the result to be accomplished and the personnel assigned to the project. However, CONTRACTOR shall confer with CITY prior to implementing any changes proposed to the SERVICES. Neither CONTRACTOR nor CONTRACTOR'S employees shall be entitled in any manner to any employment benefits, including but not limited to, employer paid payroll taxes, Social Security, retirement benefits, health benefits, or any other benefits, as a result of this AGREEMENT. It is the intent of the Parties that neither CONTRACTOR nor its employees are to be considered employees of CITY, whether "common law" or otherwise, and CONTRACTOR shall indemnify, defend and hold CITY harmless from any such obligations on the part of its officers, employees, representatives and agents.
11.0 ASSIGNMENT OF CONTRACT
11.1 This AGREEMENT and any portion thereof shall not be assigned or transferred, nor shall any of the CONTRACTOR's duties be delegated or sub-contracted, without the express written consent of the CITY.
12.0 INDEMNITY - HOLD HARMLESS
12.1 To the fullest extent permitted by law, CONTRACTOR agrees that CITY and its elected and appointed boards, officials, officers, agents, employees, representatives and volunteers (individually and collectively, "CITY Indemnitees") shall have no liability to CONTRACTOR or any other person for, and CONTRACTOR shall indemnify, defend and hold harmless CITY Indemnitees from and against, any and all liabilities, claims, demands, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements, (collectively "Claims") that arise out of, pertain to, or relate to this AGREEMENT or any act or omission of CONTRACTOR or its officers, directors, representatives, employees, agents or subcontractors (collectively "CONTRACTOR'S PERSONNEL"') in connection with this AGREEMENT, including, but not limited to, performance of or failure to perform the SERVICES.
12.2 CONTRACTOR's obligation herein does not extend to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the CITY or its elected and appointed boards, officials, officers, agents, employees, representatives or volunteers.
12.3 CONTRACTOR shall provide a defense (with counsel acceptable to CITY) to the CITY's Indemnitees, or at the CITY's sole option, reimburse the CITY's Indemnitees for all costs, 2021 Standard Service Agreement Template (ACA approved 7-21-21) SD #4816-1915-4163 vl
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attorneys' fees, expenses and liabilities (including judgment or portion thereof) incurred with respect to any litigation in which the CONTRACTOR is obligated to indemnify, defend and hold harmless the CITY pursuant to this AGREEMENT.
12.4 PERS Eligibility Indemnification. In the event that any of CONTRACTOR's PERSONNEL is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend (with counsel acceptable to CITY), and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of CONTRACTOR's PERSONNEL as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR's PERSONNEL providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contributions to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.
12.5 Limitation of CITY Liability. The payment made to CONTRACTOR pursuant to this contract shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's PERSONNEL are entitled for performance of any work under this contract. Neither CONTRACTOR nor CONTRACTOR's PERSONNEL are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the CITY. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR.
12.6 Indemnification for Employee Payments. CONTRACTOR agrees to defend (with counsel acceptable to CITY), and indemnify and hold harmless the CITY for and against any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of CONTRACTOR or CONTRACTOR's PERSONNEL for work done under this AGREEMENT.
12.7 The provisions of this Section 12 shall not be limited by any provision of insurance coverage that the CONTRACTOR may have in effect, or may be required to obtain and maintain, during the term of this AGREEMENT. The provisions of this Section 12 shall survive expiration or termination of this AGREEMENT.
12.8 City shall timely notify the CONTRACTOR of the receipt of any third-party claim, relating to the AGREEMENT, and the City shall be entitled to recover its reasonable costs incurred in providing the notification.
12.9 Responsibility For Equipment. Notwithstanding anything in this AGREEMENT to the contrary, CITY shall not be responsible nor held liable for any damage whatsoever, including, but 2021 Standard Service Agreement Template (ACA approved 7-21-21) SD #4816-1915-4163 v1
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not limited to persons or property, resulting from or arising out of the use, misuse or failure of any equipment used by CONTRACTOR or any of its agents, employees or subcontractors, even if such equipment has been furnished, rented or loaned to CONTRACTOR by CITY. Any and all equipment furnished, rented or loaned to CONTRACTOR by CITY is provided on an "as is" basis.
CITY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
REGARDING ITS EQUIPMENT, AND HEREBY EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The acceptance or use of any CITY equipment by CONTRACTOR or its agents, employees, or subcontractors shall be with all faults and shall be construed to mean that CONTRACTOR accepts full responsibility for and agrees to defend, indemnify and hold harmless CITY from and against any and all claims for any damage whatsoever resulting from the use, misuse or failure of such equipment. CONTRACTOR HEREBY RELEASES, WAIVES, DISCHARGES AND
CONVENANTS NOT TO SUE CITY FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS RELATING TO ANY CITY EQUIPMENT.
13.0 INSURANCE
13.1 CONTRACTOR shall procure and maintain for the duration of this AGREEMENT insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the SERVICES and the results of that work by CONTRACTOR'S PERSONNEL. Insurance shall be placed with insurers with a current A.M.
Best's rating of no less than "A" and "VII" unless otherwise approved in writing by the CITY's Risk Manager.
13.2 CONTRACTOR shall obtain, and during the term of this AGREEMENT shall maintain, policies of general liability, automobile liability, contractual liability and property damage insurance from an insurance company or companies authorized to be in business in the State of California, in an insurable amount of not less than two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) aggregate or the limits specified below, whichever are greater. The insurance policies shall provide that the policies shall remain in full force during the full term of this AGREEMENT and shall not be canceled, terminated, or allowed to expire or not be renewed without thirty (30) days prior written notice to CITY from the insurance company, and shall contain a blanket waiver of subrogation. Statements that the carrier "will endeavor" and "failure to mail such notice shall impose no obligation or liability upon the company, its agents or representatives," will not be acceptable on insurance certificates. Maintenance of specified insurance coverage is a material element of this AGREEMENT.
13.3 Types and Amounts Required. CONTRACTOR shall maintain, at minimum, the following insurance coverage for the duration of this AGREEMENT:
13.3.1 Commercial General Liability (CGL). CONTRACTOR shall maintain CGL Insurance written on an ISO Occurrence form or equivalent providing coverage at least as broad as CG 00 01 which shall cover liability arising from any and all personal injury or property damage, including ongoing and completed operations, in the amount no less than $1,000,000.00 per occurrence and subject to an annual aggregate of $2,000,000.00. If limits apply separately to this 2021 Standard Service Agreement Template (ACA approved 7-21-21) SD #4816-1915-4163 vl
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project (CG 25 03 or 25 04) the general aggregate limit shall not apply. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
If CONTRACTOR maintains higher limits than the limits shown above, the CITY shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. Any excess or umbrella policies being used to meet the required limits of insurance will be evaluated separately and must meet the same qualifications as the CONTRACTOR's primary policy.
13.3.2 Commercial Automobile Liability. CONSULTANT shall maintain Commercial Automobile Liability Insurance for all of the CONSULTANT's automobiles, including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of no less than $1,000,000.00 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
13.3.3 Workers' Compensation. CONTRACTOR shall maintain Worker's Compensation insurance for all of CONTRACTOR's PERSONNEL who are subject to this AGREEMENT and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000.00 employers' liability coverage. The CONTRACTOR shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives.
13.4 The CITY and its officers, officials, employees, agents, representatives and volunteers shall be named as additional insureds on the required liability policies with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations. The CITY's additional insured status must be reflected on additional insured endorsement form (20 10 1185 or 20 10 1001 and 20 37 1001), which shall be submitted to the CITY.
13.5 All policies shall contain a provision stating that the CONTRACTOR'S policies are primary insurance and that insurance (including self-retention) of the CITY or any named insured shall not be called upon to contribute to any loss, as reflected in an endorsement at least as broad as CG 20 01 04 13, which shall be submitted to the CITY. This provision shall apply regardless of any language of the policy maintained by the CONTRACTOR during the term of this AGREEMENT.
13.6 Before CONTRACTOR shall employ any person or persons in the performance of the AGREEMENT, CONTRACTOR shall procure a policy of Workers' Compensation Insurance as required by the Labor Code of the State of California or shall obtain a certificate of self-insurance from the Department of Industrial Relations.
13.7 Prior to commencement of work under this AGREEMENT, CONTRACTOR shall furnish to the Contract Officer proof of the insurance required in this section. Failure by the Contract 2021 Standard Service Agreement Template (ACA approved 7-21-21) SD #4816-1915-4163 vl
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Officer to object to the contents of the certificate and/or policy endorsement or the absence of same shall not be deemed a waiver of any and all rights held by the CITY. Failure on the part of CONTRACTOR to procure or maintain in full force the required insurance shall constitute a material breach of contract under which the CITY may exercise any rights it has in law or equity including, but not limited to, terminating this AGREEMENT pursuant to Paragraph 7.1 above.
13.8 The CITY reserves the right to review the insurance requirements of this section during the effective period of the AGREEMENT and to modify insurance coverages and their limits when deemed necessary and prudent by City's Risk Manager based upon economic conditions, recommendation of professional insurance advisors, changes in statutory law, court decisions or other relevant factors. The CONTRACTOR agrees to make any reasonable request for the deletion, revision, or modification of particular insurance policy terms, conditions, limitations, or exclusions (except where those policy provisions are established by law, or are established by regulations that are binding upon either party to the contract, or are binding upon the underwriter to the contract.
Upon request by CITY, CONTRACTOR shall exercise reasonable efforts to accomplish such changes in policy coverages and shall pay the cost thereof.
13.9 Any deductibles or self-insured retentions are the responsibility of CONTRACTOR and must be declared to and approved by the CITY. At the CITY's option, the CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
13.10 CONTRACTOR hereby grants to CITY a waiver of any right to subrogation that any insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the CITY has requested or received a waiver of subrogation endorsement from the insurer.
14.0 DISPUTES
14.1 If a dispute should arise regarding the performance of this AGREEMENT, the following procedures shall be used to address the dispute:
If the dispute is not resolved informally, then, within five (5) working days thereafter, the CONSULTANT shall prepare a written position statement containing the party's full position and a recommended method of resolution and shall deliver the position statement to the CONTRACT OFFICER.
b. Within ten working (10) days of receipt of the position statement, the CONTRACT OFFICER shall prepare a response statement containing the CITY's full position and a recommended method of resolution and shall deliver the response statement to the CONSULTANT.
C. After the exchange of statements, if the dispute is not resolved within ten working (10) days, the CONSULTANT and the CONTRACT OFFICER shall deliver the statements to the City Manager who shall make a determination within ten working (10) days. 2021 Standard Service Agreement Template (ACA approved 7-21-21) SD #4816-1915-4163 vl
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14.2 If the dispute remains unresolved for ten working (10) days following the City Manager's determination, and the parties have exhausted the procedures of this section, the parties may then seek resolution by mediation or such other remedies available to them by law or in equity.
15.0 NOTICES
15.1 Any notices to be given under this AGREEMENT, or otherwise, shall be served by certified mail.
For the purposes hereof, unless otherwise provided in writing by the Parties hereto, the address of the Parties and the proper person to receive any notice on each Party's behalf is:
For CITY:
Administration Manager
Public Services & Engineering Department
City of Coronado
101 B Avenue
Coronado, CA 92118
15.3 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of CONTRACTOR and the proper person to receive any notice on the CONTRACTOR'S behalf is:
For CONTRACTOR:
Name: Kendrick Harrison
Title: Business Development Manager
Name of Company: Clean Harbors
Address of Company: 2500 East Victoria Street
CITY, State Zip: Compton, CA 90220
15.4 CONTRACTOR represents and warrants that its employer's identification number is 04- 2698999, its Contractor's State License Board license number is 720298, and its Department of Industrial Relations number is 1000013713.
16.0 CONTRACTOR'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986
16.1 CONTRACTOR certifies that CONTRACTOR is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants before they perform any SERVICES under this AGREEMENT.
17.0 GENERAL PROVISIONS
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17.1 Accounting Records. CONTRACTOR shall keep records of the direct reimbursable expenses pertaining to the SERVICES and the records of all accounts between the CONTRACTOR and any subcontractors. CONTRACTOR shall keep such records on a generally recognized accounting basis. These records shall be made available to the Contract Officer, or the Contract Officer's authorized representative, at mutually convenient times, for a period of three (3) years from the completion of the SERVICES.
17.2 Contract Officer. The Director of Public Services and Engineering shall serve as the CITY's "Contract Officer" for this AGREEMENT and has the authority to direct the CONTRACTOR, approve actions, request changes, and approve additional services within her/his authority. Any obligation of the CITY shall be the responsibility of the Contract Officer.
Excepting the provisions pertaining to dispute resolution, no other person shall have any authority under this AGREEMENT unless specifically delegated in writing.
17.3 Governing Law. This AGREEMENT and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this AGREEMENT shall be held exclusively in a state court in the County of San Diego. CONTRACTOR hereby irrevocably consents to service outside the State of California and to the personal jurisdiction of and exclusive venue in the state and federal courts in the County of San Diego, California and waives any objection to such jurisdiction or venue. CONTRACTOR hereby waives the right to remove any action from San Diego County as is otherwise permitted by California Code of Civil Procedure Section 394.
17.4 Business Certificate. CONTRACTOR and its subcontractors, if any, are required to obtain and maintain a City Business Certificate during the duration of this AGREEMENT.
17.5 Compliance with Law. The CONTRACTOR shall be responsible for complying and ensuring its subcontractors comply with all local, state, and federal laws, rules, regulations, orders, policies, protocols and guidance, whether or not said laws are expressly stated or referred to herein, including, but not limited to complying with COVID-19 sanitation protocols, health orders and guidance.
17.6 [RESERVED]
17.7 Responsibility for Others. CONTRACTOR shall be responsible to the CITY for its services and the services of its subcontractors. CONTRACTOR shall not be responsible for the acts or omissions of other parties engaged by the CITY nor for their construction means, methods, techniques, sequences, or procedures, or their health and safety precautions and programs.
17.8. Drafting Ambiguities. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this AGREEMENT, and the decision of whether or not to seek advice of counsel with respect to this AGREEMENT is a decision that is the sole responsibility of each Party. This AGREEMENT shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the AGREEMENT.
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17.9. Conflicts between Terms. If an apparent conflict or inconsistency exists between the main body of this AGREEMENT and the Attachments, the main body of this AGREEMENT shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this AGREEMENT, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this AGREEMENT, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this AGREEMENT and shall cooperate in good faith to resolve the same.
17.10 Non-Discrimination. CONTRACTOR shall not discriminate against any employee or pplicant for employment because of sex, race, color, age, religion, ancestry, national origin disability, military or veteran status, medical condition, genetic information, gender expression marital status, or sexual orientation. CONTRACTOR shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their sex, race, color, age, religion, ancestry, national origin, disability, military or veteran status, medical condition, genetic information, gender expression, marital status, or sexual orientation and shall make reasonable accommodation to qualified individuals with disabilities or medical conditions. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by CITY setting forth the provisions of this non-discrimination clause.
17.7 Rights Cumulative. All rights, options, and remedies of the CITY contained in this AGREEMENT shall be construed and held to be cumulative, and no one of the same shall be exclusive of any other, and the CITY shall have the right to pursue any one of all of such remedies or any other remedy or relief that may be provided by law or in equity, whether or not stated in this AGREEMENT.
17.8 Waiver. No waiver by either Party of a breach by the other Party of any of the terms, covenants, or conditions of this AGREEMENT shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant or condition herein contained. No waiver of any default of either Party hereunder shall be implied from any omission by the other Party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect default other than as specified in said waiver.
17.9 Third Parties. No provision contained in the AGREEMENT shall create or give to third parties any claim or right of action against the CITY of CONTRACTOR or their respective officers, directors, officials, employees, representatives, contractors, subcontractors or agents.
17.10 Survival. The provisions of the AGREEMENT that by their nature survive termination or final completion of the AGREEMENT, including all warranties, indemnities, payment obligations, 2021 Standard Service Agreement Template (ACA approved 7-21-21) SD #4816-1915-4163 v1
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and the CITY's right to audit CONTRACTOR's books and records, shall remain in full force and effect after final completion or any termination of the AGREEMENT.
17.11 Severability. In the event that any part of this AGREEMENT is found to be illegal or unentorceable under the law as it is now or hereafter in effect, either Party will be excused from pertormance of such portion or portions of this AGREEMENT as shall be found to be illegal or unenforceable without affecting the remaining provisions of this AGREEMENT.
17.12 Exhibits Incorporated. All Attachments/Exhibits referenced in this AGREEMENT are incorporated into the AGREEMENT by this reference.
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18. SIGNATURES
18.1 Each signatory and Party hereto hereby warrants and represents to the other Party that it has legal authority and capacity and direction from its principal to enter into this AGREEMENT, and that all resolutions or other actions have been taken so as to enable it to enter into this AGREEMENT.
CITY: CONTRACTOR:
-Signed by:
By: | kennette tibhs
By:
Tina Friend Gregory Mällerbi
City Manager Chief Financial Officer
Date: Date:January 15, 2025
—Signed by:
By: Mack Detter
Secretary
Date: January 15, 2025
APPROVAL AS TO CONTENT:
Leon P. Firsht Date
Director of Public Services & Engineer
APPROVAL AS TO FORM:
Johanna N. Canlas, City Attorney Date
ATTEST:
Kelsea Holian, MMC, City Clerk Date
I. REQUIRED CERTIFICATES:
1. CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION II. ATTACHMENTS
SCOPE OF SERVICES (ATTACHMENT A)
FEE SCHEDULE/GENERAL INFORMATION (ATTACHMENT B);
LIST OF SUBCONTRACTORS/SUBCONTRACTORS (ATTACHMENT C);
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4. CERTIFICATION that CONTRACTOR has read, understands and will comply with, "A Pollution Prevention Guide for the Construction Community" Web Address Provided (ATTACHMENT D): and
5. STATE PREVAILING WAGE (ATTACHMENT E)
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CONTRACTOR'S CERTIFICATE REGARDING WORKERS'
COMPENSATION
Section 3700 of the California Labor Code provides in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
A. By being insured against liability to pay compensation to one or more insurers duly authorized to write compensation insurance in this state.
B. By securing from the Director of Industrial Relations a certificate of consent to self-insure ... which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his other employees..."
I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of any of the work of the foregoing AGREEMENT.
Contractor Name: Clgned arbors Environmental Services, Inc.
Signature: kennette tribbs
929478E341F41
Gregory Mallerb
Name:
Title: Chief Financial Officer
2500 East Victoria Street
Contractor Address: Compton, CA 90220
NOTE: In accordance with Article 5, commencing at Section 1860, Chapter 1, Part 7, Division 2, of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this AGREEMENT.
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ATTACHMENT A
SCOPE OF SERVICES
GENERAL TERMS & CONDITIONS:
CONTRACTOR shall provide all labor, materials and supervision required to effectively manage any incident or release involving hazardous materials within the City of Coronado on an as-needed basis as determined by the Project Coordinator. As further described below, CONTRACTOR shall provide to the Project Coordinator a written schedule of work to be done. CONTRACTOR shall perform all necessary pedestrian and traffic control.
CONTRACTOR shall carefully examine the work site. The execution of this AGREEMENT by the CONTRACTOR shall be considered evidence that the CONTRACTOR has investigated, and is satisfied as to, the conditions to be encountered, the character and quality of the work to be performed and materials to be furnished, and the requirements of all documents referred to in this AGREEMENT.
CONTRACTOR shall maintain compliance with the City of Coronado Municipal Code, Title 61, regarding storm water run-off system discharge regulations and requirements, California Regional Water Quality Control Board, San Diego Region Order No. R9-2013- 0001 and National Pollutant Discharge Elimination System (NDES) No. CAS0109266, as well as the Best Management Practices (BMPs) referred to in the CITY'S Jurisdictional Runoff Management Plan (JRMP), Section 7, Industrial and Commercial, subsection 7.3.3, Updated BMP Requirements. Examples of such BMPs are described in the flyer "Clean Coastlines, City of Coronado, a Pollution Prevention Guide for the Construction Community." This document may be read and/or downloaded from the City's website at:
https://www.coronado.ca.us/pollutionpreventionguidelines Violations of any of the requirements may lead to a civil penalties per day, per violation, and is considered a breach of the AGREEMENT.
CONTRACTOR performance shall present a professional image and a high standard of quality and technical competence at all times. Total responsibility for this is placed upon CONTRACTOR. If a conflict occurs between "Best Management Practice" and the specification, "Best Management Practice" shall prevail and the CITY shall be notified of any necessary changes to the specified operations/materials. 4902-4149-9141 v1
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Il. SCOPE OF WORK
A. Scope of Work. The City of Coronado is seeking an Emergency Response contractor to respond to both emergency and non-emergency spills, and/or uncontrollec eleases of regulated biohazard and/or hazardous materials within the City, on an as-neede basis. The contract term is for five years, beginning on the date of execution of the Agreement.
1. 24-Hour / 7-Days-Per-Week Emergency Response Services Emergency Response is the ability to respond to a spill, uncontrolled release and/or incident involving a hazardous or regulated material on an emergency basis at any time, 24 hours per day, seven (7) days per week (including holidays), and provide containment and cleanup as required by local, State and federal regulatory agencies, and as directed by City personnel.
CONTRACTOR shall have equipment, materials. and personnel staff capable of responding notification procedures for requesting emergency response services. Upon notification by City personnel, CONTRACTOR shall mobilize appropriate personnel, materials and equipment to respond to incidents to provide emergency response services. Waste collected during the emergency response shall be immediately transported by the CONTRACTOR to an approved interim storage facility or to an approved location for final disposal.
2. Unidentified Waste
Unidentified wastes are unlabeled containers with unknown substances deposited within the City that require removal
a. The CONTRACTOR must identify, package and transport the unidentified wastes for recycling, treatment or disposal.
b. Work in City right-of-way may necessitate traffic control by CONTRACTOR.
3. Capacity.
Services under the Agreement will include emergency response capabilities and other tasks involving hazardous material. This may include, but is not limited to, sampling, characterizing, packaging, profiling, and/or transporting of hazardous waste by CONTRACTOR and/or sub-CONTRACTORs to an approved facility permitted to treat, recycle, incinerate and/or landfill the waste. These services will be available to the City of Coronado, upon request, seven days per week. CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals necessary to remove and dispose of hazardous materials. Hazardous waste may be generated. from abandoned waste, storm drain cleanouts, and accidental release. CONTRACTOR shall be responsible for characterizing, profiling, manifesting, labeling, loading, transporting, disposing and other miscellaneous tasks associated with hazardous wastes in accordance with all applicable federal, State, and local laws and regulations.
B. General Requirements: CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals necessary to respond to emergencies, and to remove and dispose of hazardous waste. CONTRACTOR shall provide soil remediation services as directed by 4902-4149-9141 v|
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the City for short-term environmental projects. CONTRACTOR will collect environmental samples from stockpiles, or from soil or sediment borings, to perform characterization of waste for landfill acceptance, when applicable. Characterization may require statistical analysis of sample data to determine if waste is hazardous or non-hazardous waste.
CONTRACTOR shall provide emergency response services as directed by the City.
1. Emergency Response: In the event of a hazardous materials or waste incident (abandoned waste, spill, leak, etc.) for which the CITY requests response actions, CONTRACTOR shall provide emergency response. CONTRACTOR shall be available on a 24-hour basis to provide labor and equipment to assist the City, the U.S. Coast Guard, Harbor Police, and other agencies in containing and cleaning up hazardous material spills.
CONTRACTOR shall conduct all emergency responses for the City at the City's request.
2. Accreditation of Hazardous Waste Transporter
The CONTRACTOR shall, at CONTRACTOR's expense, obtain and update all licenses, registrations, permits, insurance, and certifications required under federal, state, and local regulations for the handling and transporting of hazardous waste. CONTRACTOR shall provide a hazardous waste transporter or transporters, who are currently registered with the Department of Toxic Substance Control and the Department of Health Services as a licensed hazardous waste transporter. CONTRACTOR shall provide the City with a photocopy of the current hazardous waste transporter EPA identification number and current certification/registration numbers for each transporter utilized under this Agreement.
3. Liaison with City
CONTRACTOR will designate employees of the CONTRACTOR as Project Manager and Contract Manager. They will be cognizant of the City's requirements and ensure these requirements are met during the course of the Agreement. All liaisons with the City will be through the Director. Public Services & Engineering, and/or his Designee.
4. Permits and Compliance
The CONTRACTOR will, at CONTRACTOR's expense, obtain and update all necessary permits and licenses, file all necessary notices, pay all fees required by law and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of public health and safety. If waste is transported out of California, CONTRACTOR will comply with the most stringent of regulations of either the State of California or the state which the waste is to be transported to or through. No waste shall be transported outside of the United States. Failure to abide by these regulations or any other applicable regulations and/or requirements is grounds for automatic termination of the Agreement.
CONTRACTOR will be required to pay all fines and penalties incurred as a result of its conduct.
5. Quality of Work
CONTRACTOR and sub-CONTRACTORs will abide by the highest professional standards within the industry. All work and quality assurance will be in accordance with current criteria and guidelines established by City and regulatory agencies. 4902-4149-9141 v|
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6. CONTRACTOR Disclosure
CONTRACTOR must submit information relevant to the following and covering the previous five-year period of time:
a. All lawsuits filed against them, along with the results; All environmental violations alleged by any regulatory agency. along with the results;
All mishaps;
d. Number of worker's compensation claims;
e. Statement of company's "Industrial Safety Record;"
f. Any and all contracts CONTRACTOR left before contract expired. This will include all contracts CONTRACTOR decided to abandon and all contracts on which CONTRACTOR was replaced before the agreed upon termination date; g. Ownership, either partially or wholly, and or any subsidiary, that owns a Treatment, Storage or Disposal Facility (TSDF).
7. Sub-CONTRACTORs
All CONTRACTOR's subcontractors shall be subject to prior written approval by City.
Subcontractors will operate under the direction of the CONTRACTOR; however, subcontractors will be subject to the applicable requirements specified herein.
8. Training
CONTRACTOR will provide a photocopy of current OSHA 40-hour and DOT HM181/215A training certificates for all individuals who may become involved with the handling and transportation of any hazardous waste. Supervisors must have attended an additional OSHA eight- (8) hour Supervisor's Training and Red Cross Certified CPR/First Aid Training. The CONTRACTOR must have an Injury Illness Prevention Plan (IIPP) available for City review. CONTRACTOR must provide a copy of its confined space program that complies with federal and State regulations and laws and include personnel's confined space certification.
9. Equipment and Materials
CONTRACTOR will be responsible for furnishing all equipment and materials required to complete the work under this Agreement. All disposable materials furnished by the CONTRACTOR will be new and unused and must be approved by the City before use.
CONTRACTOR will provide all equipment and materials to perform waste characterization and packaging. in addition, CONTRACTOR will provide equipment and materials to manifest, label, load. and transport the hazardous waste to a disposal facility. which is appropriately permitted in accordance with applicable federal, State and local regulations.
The CONTRACTOR must have, or have immediate access to, the following equipment and services:
a. 24 Hour / 7 Days per Week Emergency response;
b. Vacuum truck;
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d. Blood & Bio cleanup;
e. Roll-off bins and trailer:
f. Mercury vapor analyzer and Organic Vapor Analyzer (calibrated); g. Haz-Mat kit — chemical identification;
10. Waste Preparation
CONTRACTOR will be responsible for field screening hazardous materials and waste by Haz-Catting and correctly packaging and labeling all hazardous waste in accordance with applicable federal, State, and local regulations.
11. Acceptance
CONTRACTOR will be responsible for implementing waste sampling, completing waste facility acceptance applications (profiling). CONTRACTOR will facilitate laboratory analyses required for waste profile acceptance. Before any hazardous waste is transported. to a waste disposal facility, CONTRACTOR must provide the City with a photocopy of the accepting facility's certifications, permits, and/or licenses. The photocopies are to include, but shall not be limited to, the facility's permit number, EPA identification number, facility telephone number and contact person, and any other appropriate information the City may request to verify that the facility is permitted to accept and treat/dispose of the specific waste.
12. Transportation and Disposal
CONTRACTOR will be responsible for preparing hazardous waste manifests, bills of lading, and/or infectious waste manifests. CONTRACTOR will be responsible for transporting the waste to a facility approved by the City. CONTRACTOR will prepare legible hazardous waste manifests accurately and completely as specified in California.
Code of Regulations, Title 22, Section 66262.23. Land Disposal Restriction Forms will be prepared completely and accurately by the CONTRACTOR and accompany the manifests.
Transportation and disposal will occur within thirty (30) days of City notice. A representative from the City's Public Services & Engineering Department will be responsible for signing the hazardous waste manifest. Hazardous waste disposal will be provided in accordance with applicable federal State, and local regulations. The accepting Treatment, Storage and Disposal Facility (TSDF) must provide to the City certificates of destruction/treatment within thirty (30) days of the date of the certification acceptance signature for waste streams that are incinerated, recycled, or treated. In the event that a transporter, other than the CONTRACTOR, is to transport hazardous waste, CONTRACTOR must provide the City with a photocopy of the additional transporter's permits and/or licenses. The photocopies are to include, but are not limited to, the transporter's registrations, EPA identification number, proof of insurance, telephone number and contact person, and any other information the City may request to verify that the additional transporter is permitted to transport the specific waste. No waste will be transported by a transporter other than the CONTRACTOR without City approval.
III. DEFINITIONS
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A. Hazardous Materials: For the purposes of this Agreement, regulated and/or hazardous materials is/are defined as any substance or material that the United States (U.S.) Secretary of Transportation has determined is The term includes hazardous substances,
pollutants,
hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions.
These include, but are not limited to:
a. Asbestos, crude oil and petroleum products, including fuel oil, mineral oil, gasoline, and diesel;
b. Corrosive liquids, including acid, alkaline, and ammonia solutions, c. Polychlorinated Biphenyl's (PCB) and PCB-contaminated materials; d. Mercury, lead, and other metals;
Ferric Chloride;
f. Chlorine;
g. Bio-hazard waste;
h. Other environmentally regulated media.
B. Level 2 Incident: An incident involving hazardous materials that is beyond the capabilities of the first responders on the scene and could be beyond the capabilities of the public sector responders having jurisdiction. Level 2 incidents might require the services of a State or regional response team or other State or federal assistance. This level can pose immediate- and long-term risk to the environment and public health.
IV. PERFORMANCE SPECIFICATIONS
A. GENERAL SPECIFICATIONS:
These specifications are intended to cover all labor, to provide all materials and supervision identified in Scope of Services. Work or materials of a minor nature that may not be specifically mentioned, but that may be reasonably assumed as necessary for the completion of this work shall be performed by CONTRACTOR as if described in the specifications.
B. CONTRACTOR SHALL:
1. Within three (3) work days after the effective date of the Agreement, prepare and submit a schedule to the PROJECT COORDINATOR, showing specific response times. Schedule
is subject to pre-approval by PROJECT COORDINATOR.
2. Notify the PROJECT COORDINATOR prior to the scheduled day/date/time of changes for an alternate start date. Failure to 4902-41-9141ml
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meet schedule shall be deemed grounds for non-payment and/or contract termination.
Authorization is required before performing any hazardous waste management or emergency response services, as outlined in this Agreement.
The CONTRACTOR must obtain approval from a Project Coordinator or designee prior to initiating any emergency response services.
Perform all work in a manner that complies with ADA and is aesthetically acceptable.
5. Capture all ground and otherwise dislodged material for disposal.
Dispose of all waste, debris and otherwise dislodged material outside of the City of Coronado and in a lawful manner.
Prevent operations from exceeding all applicable noise
ordinances, statutes and other regulations.
Prevent operations from soiling, dusting, or otherwise
impacting private property, including but not limited to: lawns, cars, windows, plants and other private improvements.
Mark all of vehicles clearly with the Contractor's business name.
10. Park vehicles in a manner that does not create a nuisance to the residents of the neighborhood
11. Leave all work areas clean and orderly at the end of the work and when moving on to another site.
12. Provide pedestrian and traffic control. The CONTRACTOR is responsible for pedestrian safety within work areas as they pertain to their contracted work.
13. Provide 24-hour / 7-day-per-week, contact information for the foreman or other manager onsite.
14. Remain in periodic communication with Project Coordinator, or designee, so that work can be verified.
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15. Communicate any work delay immediately by phone call or email to the PROJECT COORDINATOR.
16. As much as possible, schedule all work in a manner that will minimize impact on traffic flow.
17. Ensure appropriate personnel protective equipment is utilized by all employees.
18. Be responsible for employees. Workers shall be courteous to the public and CITY staff utilizing the work sites and shall be responsive only to the request of the PROJECT
COORDINATOR, and shall direct all inquiries or requests to the PROJECT COORDINATOR. Exception: if the specific
request involves public safety or security of the specific work site, CONTRACTOR shall immediately comply with the
request.
C. NON-SCHEDULED/EXTRA WORK:
1. CONTRACTOR shall evaluate the specific job and labor required upon arrival at the job site; develop an estimate at no cost to CITY of the expected hours, materials and job cost; and advise Project Coordinator of cost prior to proceeding with the work. CITY reserves the right to accept or refuse CONTRACTOR'S offer.
CONTRACTOR shall proceed with the work after receipt of written authorization by Project Coordinator.
IV. PROJECT MATERIALS: Manufacturers' names, trade names, brand names, or model numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive.
V. GENERAL REQUIREMENTS:
A. CONTRACTOR SHALL:
CONTRACTOR, as well as any of its subcontractors, shall possess and maintain a current City of Coronado business certificate, professional license, and Department of Industrial Relations number.
Have sufficient experience in and comprehensive knowledge of As-Needed Emergency response Services and Hazardous Materials Waste Management as described in the Scope of Services.
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Provide a hazardous waste transporters) who is/are currently registered with the Department of Toxic Substance Control and the Department of Health Services as a licensed hazardous waste transporter in order to respond to the request for the quotes.
Provide and maintain a telephone answering system that provides for contact during normal business hours, (8:00 a.m. to 5:00 p.m.) Monday through Friday.
5. Respond to calls within four (4) hours.
Abide by all applicable laws.
VI GENERAL CONDITIONS:
All work shall be subject to the inspection and approval by the Project Coordinator or designee at the site prior to acceptance and approval for payment.
Workers shall be courteous to the public and CITY staff utilizing the facilities and shall be responsive only to the request of the Project Coordinator, and shall direct all inquiries or requests to the Project Coordinator. Exception: If the specific request involves public safety or security of the specific facility, CONTRACTOR shall immediately comply with the request.
IN ADDITION TO THE SPECIFICATIONS, THE FOLLOWING SHALL APPLY:
VII. TERMS AND CONDITIONS:
1. CONTRACTOR Work Hours and Safety Standards: The CONTRACTOR shall ensure compliance with all safety and hourly requirements for employees, in accordance with Federal, State, and local safety and health regulations and laws.
Equipment operation will be in compliance with the CITY's noise ordinance.
2. Material Safety Data Sheets: CONTRACTOR is required to provide Material Safety Data Sheet (MSDS) for any hazardous substances used as required by the California State Labor Code, Sections 6382 and 6390, and the Health and Safety Code of the California Administrative Code. MSDS sheets for each item shall be sent to:
Management Analyst
Public Services & Engineering Department
City of Coronado
101 B Coronado
Coronado, California 92118
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Patent/Copyright Materials: Unless otherwise expressly provided in this AGREEMENT, CONTRACTOR shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this AGREEMENT.
Declared Emergency Purchasing: In the event of an emergency or where the CITY is declared a disaster area by the County, State or Federal Government, this AGREEMENT may be subjected to unusual usage. CONTRACTOR shall service conditions that agay diming on disastclared disaster under the same terms and circumstances. The pricing quoted within shall apply to servicing the CITY'S needs regardless of the circumstances.
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ATTACHMENT B: FEE SCHEDULE
RFP: AS-NEEDED HAZARDOUS WASTE MANAGEMENT AND EMERGENCY
ENVIRONMENTAL RESPONSE SERVICES
The CONTRACTOR hereby agrees to furnish all labor, materials, equipment and supervision to perform the proposed services that are described herein; and to do so in strict accordance with the provisions of this AGREEMENT.
A. LABOR COSTS
LABOR POSITION FULLY LOADED FULLY FULLY
CLASSIFICATION HOURLY RATE LOADED LOADED
TITLE** STRAIGHT TIME HOURLY RATE HOURLY RATE
OVERTIME DOUBLE TIME
Project Manager same $184.00 $276.00 $368.00
Foreman/Supervisor same $107.00 $160.50 $214.00
Site Safety Officer $235.00 $352.50 $470.00
Health & Safety Mgr.
Equipment Operator same $126.00 $189.00 $252.00
Technician Field Technician $102.00 $153.00 $204.00
**Position Title is the position title within the Respondent's organization.
B. EQUIPMENT/SUPPLY LIST WITH COSTS
Certified Haz. Waste Transportation Vehicles COST
Utility Truck ¼ Ton. $536.00 per day | $67.00 per hour
Vacuum Truck, with Driver, 120 barrels $2.688.00 - per day $336.00 _per hour Respiratory/Confined Space Entry Equip. COST
4-Gas Air Monitor $ 270.00 - per day $ 33.75 _per hour
Photo Ionization Detector (PID) Meter $ 22.00 - per day $ 24.00 _per hour Portable Storage Units COST
20-Yard Bin - Open Top $ 21.00 - per day | $ n/a _per hour Oil Spill Equipment COST
Hard Plastic Barrier Boom 8" × 10° $ 31.50 per day $n/a per hour Drum Vacuum, 55 gallon $ 82.00 per day $n/a per hour
Materials COST FOR EACH
55-Gallon DOT Drum, Steel $.207.00
Sorbent Boom, 8" x 10" $274.00
20-Yard Bin Liner $ 87.00
Personal Protective Equipment COST PER SET
Level "D" - Tyvek, Poly-Tyvek, Coverall or
Raingear Suit w Gloves, Boots, Hard Hat & Safety
Glasses $ 50.00
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C. TRANSPORTATION & DISPOSAL MARK-UP COSTS
1. Disposal facility not owned by CONTRACTOR: 15 -% Mark-up i
2. Transportation services not owned by CONTRACTOR: - 15 -% Mark-up i Sub-Service Provider mark-up fees will not be allowed under this agreement. 4902-4149-9141 v1
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ATTACHMENT C
LIST OF SUBCONTRACTORS/SUBCONTRACTORS
Listed below are any and all subcontractors that the CONTRACTOR plans to employ under this AGREEMENT. No change is allowed without the prior approval of the Contract Officer.
NAME ADDRESS PHONE DIR License# $ Value
PW#
[NO SUBS]
I hereby certify that I have read and examined Sections 3700 and 3800 of the State Labor Code. I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workmen's Compensation or to undertake self-insurance before commencing any of the work. I further certify that if I should contract or subcontract with any erson, including a firm or company, to do all or any part of the work for which this CONTRAC overs. I shall assure compliance by that contractor or subcontractor with Sections 3700 and 380 of the State Labor Code.
COngne CTOR NAME: Clean Harbors Environmental Services, Inc. kennette knibbs January 15, 2025
- 0929 SIGNATURE Date
Gregory Mallerbi, Chief Financial Officer
NAME AND TITLE (PRINTED)
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ATTACHMENT D
"A POLLUTION PREVENTION GUIDE FOR THE CONSTRUCTION INDUSTRY»
BROCHURE
I certify that I have read, understand and will comply with the procedures described in "A Pollution Prevention Guide for the Construction Industry brochure located in the attached web address:
https://www.coronado.ca.us/pollutionpreventionguidelines CONTRACTOR NAME: Clean Harbors Environmental Services, Inc. - Signed by:
kenneth kribbs January 15, 2025
STONATURE DATE
Gregory Mallerbi, Chief Financial Officer
NAME AND TITLE (PRINTED)
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ATTACHMENT E
STATE PREVAILING WAGE RATES AND OBLIGATIONS
Prevailing Wage Rates: This project is a "public work" in accordance with California Labor Code §§1720, et seq. It is the sole responsibility of the CONTRACTOR to ensure that all workers employed in the execution of the AGREEMENT are paid the correct prevailing wage rate. CONTRACTOR is required to comply with California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813 and 1815, which are incorporated by reference, and the CONTRACTOR agrees to comply with all of the above- referenced provisions and all other statutes or regulations that may be applicable to the performance of the DESCRIBED SERVICES. Specifically, CONTRACTOR agrees to:
a. Pay all workers not less than the general prevailing rate of per diem wages for work of similar character in the locality in which the public work is performed. b. Pay all workers not less than the general prevailing rate of per diem wages for holiday and for overtime work that exceeds 8 hours in one day and 40 hours in one week. c. Adhere to the compliance measures outlined in Labor Code section 1775(b) for any subcontractor that the CONTRACTOR chooses to use on this project. d. Maintain, certify and make available for inspection, payroll records as required by Labor Code section 1776.
c. Comply with all apprenticeship requirements pursuant to Labor Code section 1777.5.
Not less than the State general prevailing wages, as determined by the Director of the Department of Industrial Relations, shall be paid by the CONTRACTOR and its subcontractors to all workers employed on the project, as applicable. The statutory provisions for penalties for failure to pay prevailing wages and for failure to comply with state's wage and hour laws will be enforced.
CITY has obtained from the Director of the Department of Industrial Relations said Director's General Prevailing Wage Determinations for the locality in which the work is to be performed. Said determinations are on file and available for review online at the Department of Industrial Relations' website located at: http://www.dir.ca.gov/DLSR/PWD
SB 854 Notice: CITY public works projects are subject to compliance monitoring and enforcement by As part of this program, CONTRACTORS and subcontractors on Public Works Projects are required CONTRACTORS are not qualified to bid on, be listed in a bid, listed as a subcontractor, or engage in the performance of any public works contract, all as more particularly described in Labor Code Section 1771.1(a). CITY has no duty to accept a bid or enter into a contract without proof of the CONTRACTOR's current registration pursuant to Labor Code Section 1771.1(b). The prime CONTRACTOR shall be required to post the job site with all notices required by regulations per Labor Code Section 1771.4(a)(2), whether or not CITY also posts.
Labor Code Compliance: CONTRACTOR shall comply with the provisions of the Labor Code requiring the payment of prevailing wages on public works, commencing with Section 1720. In accordance with Labor Code Section 1775, the CONTRACTOR shall forfeit an amount, as determined by the Labor Commissioner, for each worker paid less than the applicable prevailing wage rate for the work or craft in which that worker is employed for any work done under the AGREEMENT by 4902-4149-9141 v1
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CONTRACTOR or by any subcontractor. CONTRACTOR agrees to pay the difference between the prevailing wage rate and amount paid to each worker in accordance with Labor Code Section 1775 (a)(2)(E).
Pursuant to Labor Code Section 1770, the Director of the DIR has ascertained the general prevailing rate of per diem wages and a general prevailing rate for legal holiday and overtime work for each craft required for execution of the AGREEMENT. In accordance with Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file and can be viewed during normal business hours at Coronado City Hall, located at 1835 Strand Way, Coronado, CA 92118. CONTRACTOR shall post a copy of the applicable prevailing wage rates at the job site.
Wage rates set forth are the minimum that may be paid by the CONTRACTOR. Nothing herein shall be construed as preventing the CONTRACTOR from paying more than the minimum rates set. No extra compensation whatsoever will be allowed by the CITY due to the inability of CONTRACTOR to hire labor at minimum rates, nor for necessity for payment by CONTRACTOR of subsistence, travel time, overtime, or other added compensations, all of which possibilities are elements to be considered and ascertained to CONTRACTOR's own satisfaction in preparing its bid or entering into the AGREEMENT.
If it becomes necessary to employ crafts other than those listed in the General Prevailing Wage Rate, CONTRACTOR shall obtain a wage rate determination. The rates thus determined shall be applicable as minimum from the time of initial employment. CONTRACTOR shall be responsible for paying the applicable rate.
CONTRACTOR and each subcontractor shall keep, certify and make available accurate payroll record in accordance with Labor Code Sections 1771.4(a)(3) and 1776. The record shall contain the names, addresses, social security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONTRACTOR and/or subcontractor in connection with the DESCRIBED SERVICES. Payroll records shall be certified and shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as those forms. Upon written request by the CITY, CONTRACTOR's and subcontractor's certified payroll records shall be furnished within 10 days. CONTRACTOR's and subcontractor's certified payroll records shall be available for inspection at the principal office of the CONTRACTOR.
Apprentices: CONTRACTOR and each subcontractor shall comply with the requirements of Labor Code Section 1777.5, and any related regulations regarding the employment of registered apprentices.
Properly registered apprentices shall be employed in the execution of the DESCRIBED SERVICES at the ratios required, but in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. Every apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only at the work of the craft or trade to which the apprentice is registered. The CONTRACTOR shall be responsible for compliance with Labor Code Section 1777.5 for all apprenticeable occupations.
Workers' Compensation: CONTRACTOR and each subcontractor will be required to secure the payment of workers' compensation to his or her employees and shall comply with the requirements of Labor Code Section 3700, and any related regulations regarding workers' compensation. 4902-4149-9141 v1
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In signing this AGREEMENT, CONTRACTOR certifies as follows:
"I hereby certify that I have read and examined Sections 3700 and 3800 of the California Labor Code. I am aware of and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability for workers' compensation or to undertake self-insurance before commencing any of the work. I further certify that if I should consult, contract or subcontract with any person, firm, or company to do all or any part of the work for which this AGREEMENT covers, I shall assure compliance by CONTRACTOR or with Sections 3700 and 3800 of the State Labor Code. I further certify that all CONTRACTORS (both primary and subcontractors) are registered with the State of California Department of Industrial Relations in compliance with Labor Code Section 1725.5."
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